W.P.No.16632 of 2021

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.01.2023

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR

WP.No.16632 of 2021 &

WMP.Nos.17624 & 17625 of 2021

Yanam Peoples Voluntary Service Organisation

Registered No.171/2022], D.No.7-4-055,

Old Age Home Building, Old Rajeev Nagar,

Yanam – 533 464.

Represented by its President M.Ananda Rao

... Petitioner

Vs

1. Union of India,

Represented by the Chief Secretary to Government,

Government of Puducherry, Puducherry.

2. The Secretary to Government,

Local Administration Department, Puducherry.

3. The Director,

Local Administration Department, Puducherry.

4. The Regional Administrator cum The Designated Officer,

Municipal Council, Yanam.

5. The Commissioner,

Yanm Municipality, Yanam.

... Respondents

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W.P.No.16632 of 2021

Prayer:- Writ Petition is filed, under the Article 226 of Constitution of

India, to issue a Writ of Certiorarified Mandamus calling for the records in

relation to the corrigendum issued by the second respondent vide

G.O.Ms.No.24/LAS/2021 dated 09.07.2021 and quash the same and

consequently direct the fifth respondent to settle the arrears amount to the

petitioner a sum of Rs.1,73,19,500/- due from September, 2020 to June,

2021 towards execution of the sanitation work of “Door to Door collection

and Transportation of Garbage to Dumping Yard in Yanum Region” done

pursuant to the work order issued by the fifth respondent vide No.863/

YM/2020/6 dated 01.09.2020 within a time frame as fixed by this Court.

For Petitioners

: Mr.R.Thangavel

For Respondents

: Dr.B.Ramaswamy

Government Pleader [Pondy]

ORDER

This Writ Petition has been filed to quash the corrigendum issued by

the second respondent vide G.O.Ms.No.24/LAS/2021 dated 09.07.2021

and consequently direct the fifth respondent to settle the arrears amount to

the petitioner a sum of Rs.1,73,19,500/- due from September, 2020 to June,

2021 towards execution of the sanitation work of “Door to Door collection

and Transportation of Garbage to Dumping Yard in Yanum Region” done

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W.P.No.16632 of 2021

pursuant to the work order issued by the fifth respondent vide No.863/

YM/2020/6 dated 01.09.2020 within a time frame as fixed by this Court.

2. It is the case of the petitioner that the petitioner was accorded

execution of the sanitation work of Door to Door collection and

transportation of garbage to dumping yard in Yanam region in Yanam

Municipality for an amount of Rs.56,500/- per day for the period up to the

new tender process is completed. According to the Writ Petitioner, the

amount of Rs.56,500/- per day was arrived after negotiation. In this regard

Order dated 01.09.2020 was also passed by the Government Puducherry

Local Administration Department and the work Order has been issued

pursuant to the Order. Thereafter, the Government of Puducherry had

issued a Government Order in G.O.Ms.No.18/LAS/2021-22 dated

08.06.2021 thereby sanctioning part payment for the months from

September 2020 to March 2021 at the rate of Rs.56,500/- per day. The

petitioner has sought for clearing all the bills on the basis of the contract

and the Government Order referred above. Sanction is also accorded for

release of amounts. When the petitioner has sought for clearing all the

bills on the basis of the contract, the above corrigendum has been issued by

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W.P.No.16632 of 2021

the Government on 09.07.2021 wherein the amount of Rs.56,500/- has

been reduced to Rs.43,950/- per day. Challenging the corrigendum the

present Writ Petition has been filed.

2. Admitting in the counter the allotment of work, it is the contention

of the of the respondent that from 01.07.2015 to 30.06.2020, the rate

agreed was only Rs.43,950/- per day and payment was settled up to

30.06.2020. H